Johnson v Manna
2013 NY Slip Op 04929 [107 AD3d 1637]
June 28, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


Jean Johnson, Individually and as Parent and Natural Guardian of Michael Stachewicz, III, Appellant, v John G. Manna et al., Respondents, et al., Defendants. (Appeal No. 3.)

—[*1] Law Offices of Eugene C. Tenney, Buffalo (Nathan C. Doctor of counsel), for plaintiff-appellant.

Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered September 12, 2012. The order, among other things, denied the motion of plaintiff to deem abandoned the motion of defendants John G. Manna and Roberta S. Manna to strike the note of issue.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.